Lombard v. Gregory
Supreme Court of Iowa
Appeal from Montgomery District Court. — Hon. A. B. Thornell, Judge. This is an appeal from an order of the district court overruling a motion to correct a computation made by this court in the trial of an appeal from a decree foreclosing a mortgage upon real estate. The defendants filed the motion, and they appeal.
1Opinion of the CourtRothrock, J.
The original action was in equity for the foreclosure of a mortgage. The defense was that the note and mortgage were tainted with usury. The defendants failed to satisfy the district court that the- contact was usurious, and appealed to this court. The cause was tried anew in this court, and it was found that the defense of usury was established by the evidence. A computation was made of the amount due, after taking into account the usury and certain payments which had been made upon the debt. The amount for which the decree of foreclosure should be •entered was found to be five hundred and…
2Cases cited1 opinion
- Lombard v. GregorySupreme Court of Iowa · 1890
3Cited by5 opinions
- Malcolmson v. Goodhue County National BankSupreme Court of Minnesota · 1937
- Ronna v. American State BankSupreme Court of Iowa · 1933
- District of Columbia v. BrewerCourt of Appeals for the D.C. Circuit · 1909
- McNiel v. District CourtSupreme Court of Iowa · 1916
- Roth v. BoiesSupreme Court of Iowa · 1910